President Trump's prime tool to combat the border surge, the "remain in Mexico" policy, was blocked temporarily Friday by a federal appeals court.
The Migrant Protection Protocol, which requires migrants seeking asylum at the southern border to stay in Mexico prior to their court dates, poses a "danger" to the migrants, the 9th U.S. Circuit Court of Appeals said in upholding a preliminary injunction.
In the majority opinion, Judge William Fletcher sided with the American Civil Liberties Union, which filed suit on behalf of migrants who arrived at the border demanding asylum.
The ACLU contends the policy violates international treaty obligations that prohibit sending people back to a country where they are likely to be persecuted or tortured on the grounds of race, religion, ethnicity, political beliefs or membership in a particular social group.
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ACLU lawyer Judy Rabinovitz said the court, ruling on the temporary injunction, "forcefully rejected the Trump administration’s assertion that it could strand asylum seekers in Mexico and subject them to grave danger."
"It's time for the administration to follow the law and stop putting asylum seekers in harm's way," she said.
A total of 59,000 people have been returned under the "remain in Mexico" policy.
Homeland Security officials argue that under the policy, at least half of asylum seekers give up their claims, indicating their claim wasn't valid, the Washington Times reports.
Human-rights groups assert the asylum seekers sent back to Mexico become targets for kidnappers and other criminals.